49-16-201 - System membership -- Eligibility.
49-16-201. System membership -- Eligibility.
(1) A firefighter service employee who performs firefighter service for an employerparticipating in this system is eligible for service credit in this system upon the earliest of:
(a) July 1, 1971, if the firefighter service employee was employed by the participatingemployer on July 1, 1971, and the participating employer was participating in this system on thatdate;
(b) the date the participating employer begins participating in this system if thefirefighter service employee was employed by the participating employer on that date; or
(c) the date the firefighter service employee is hired to perform firefighter services for aparticipating employer, if the firefighter initially enters employment before July 1, 2011.
(2) (a) (i) A participating employer that has public safety service and firefighter serviceemployees that require cross-training and duty shall enroll the dual purpose employees in thesystem in which the greatest amount of time is actually worked.
(ii) The employees shall either be full-time public safety service or full-time firefighterservice employees of the participating employer.
(b) (i) Prior to transferring a dual purpose employee from one system to another, theparticipating employer shall receive written permission from the office.
(ii) The office may request documentation to verify the appropriateness of the transfer.
(3) (a) A person hired by a regularly constituted fire department on or after July 1, 1971,who does not perform firefighter service is not eligible for service credit in this system.
(b) The nonfirefighter service employee shall become a member of the system for whichthe nonfirefighter service employee qualifies for service credit.
(c) The service credit exclusion under this Subsection (3) may not be interpreted toprohibit the assignment of a disabled or partially disabled firefighter to a nonfirefighter serviceposition.
(d) If Subsection (3)(c) applies, the firefighter service employee remains eligible forservice credit in this system.
(4) An allowance or other benefit may not be granted under this system that is basedupon the same service for benefits received under some other system.
(5) Service as a volunteer firefighter is not eligible for service credit in this system.
(6) An employer that maintains a regularly constituted fire department is eligible toparticipate in this system.
(7) Beginning July 1, 2011, a person initially entering employment with a participatingemployer may not participate in this system.
Amended by Chapter 266, 2010 General Session